DeclarationCal. Super. - 6th Dist.December 13, 2019JOHN B. McMORROW, ESQ. SBN 71911 LAW OFFICES OF JOHN B. McMORROW A Professional Corporation 39650 Liberty Street, Suite 250 Fremont, CA 94538-2226 Telephone: (510) 651-9961 Facsimile: (510) 657-3467 Email: john jmcmorrowlawfirm.corn 7 Attorney for Plaintiff: JEANNIE HUDSON 10 SUPERIOR COURT OF CALIFORNIA SANTA CLARA COUNTY 12 JEANNIE HUDSON 13 CASE NO. 19CV360275 Assigned to the Honorable Thang N. Barrett, Depar ttnent 21 14 15 16 17 16 19 20 21 Plaintiff, V. ALL TEMPERATURE SERVICE AIR CONDITIONING INC., a California business organization; BLACK CORPORATION; WHITE COMPANY; and DOES 1 to 100, inclusive, and each of them Defendants. DECLARATION OF JOHN B. McMORROW REGARDING DEFENDANT'S MEET AND CONFER DECLARATION PROCESS [Unlimited Jurisdiction] Hearing Date: April 27, 2021 Time: 9:00 AM Department: 19 22 23 24 '5 26 27 [Complaint filed: December 13, 2019] [First Amended Complaint filed: July 24, 2020] [Second Amended Complaint filed: December 10, 2020] [Trial Date: None Set] TO: Defendant All Temperature Service Air Conditioning Inc., and to its Attorneys of Record: 16 OJI-.J JOHN 8 M MORROW, 6 PC 3965016 0951 t,s t9250 9 I,CA 96538.2226 (5103 651-9961 Declaration of John B. MOMorrow Regarding Defendanrs Meet and Confer Declaration Process Page 1 Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/13/2021 3:35 PM Reviewed By: F. Miller Case #19CV360275 Envelope: 6232821 19CV360275 Santa Clara - Civil F. Miller I, JOHN B. McMORROW declare I am an attorney licensed to practice law in the State of California. and if called as a witness in this matter I could competently testify as follows. I) I represent Plaintiff, JEANNIE HUDSON, in this matter. 10 12 13 14 15 2) Plaintiff did receive a Meet and Confer communication from Defendant just before it filed its Demurrer and companion Motion to Strike. 3) Even a brief review showed it was not a Meet and Confer declaration but rather a lengthy argument of disputed facts setting out defense theories why it believed that it would prevail on the merits at Trial. 4) As such it did not seem that it would be productive to engage in such a fact based argument. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, except as to any matters stated on information and belief and as to that, I am informed and believe it to be true. Executed on this 13th day of April 2021 at Fremont, County of Alameda, of the State of California. 16 17 JO: McMORROW 18 19 20 21 22 23 24 25 26 27 28 19 Off«-.f FOHN 0 McMORROW, A.FC. 3965tlLB AFSBttt,S I 250 9 nt, CA 96530-2226 (510) 651-9961 Declaration of John B. McMorrow Regarding Defendant's Meet and Confer Declaration Process Page 2 PROOF OF SERVICE - CCP 1013a AND 2015.5 STATE OF CALIFORNIA, COUNTY OF ALAMEDA CASESIIORTNAiVIE: Hudson v. All Temperature Service Air Conditioning inc., et sl. Santa Clara County Superior Court Case No.: 19CV360275 I, Theresa Deibert, declare as follows: I am over eighteen years of age and not a party to the within action. My business address is Law Offices of John B. McMorrow, A Professional Corporation, 39650 Liberty Street, Suite 250, Fremont, California 94538-2226. I am employed in Alameda County, California. I am readily familiar with my employer's practices for collection and processing of correspondence for mailing with the United States Postal Service, as well as facsimile transmissions and Federal Express routing. On April 13, 2021, I served a copy of the within: DECLARATION OF JOHN B. McMORROW REGARDING DEFENDANT'S MEET AND CONFER DECLARATION PROCESS on the interested parties in the within action by: XX U.S. Mail By following ordinary business practices and placing for collection and mailing at Fremont, California, a true copy of the above-referenced document(s), enclosed in a sealed envelope, postage pre-paid, was addressed as indicated on the Service List. XX Electronic Service The above-referenced document was served by electronically mailing a true and correct copy through Law Offices of John B. McMorrow's electronic mail system, to the email addresses set forth as listed, and in accordance with Federal Rules of Civil Procedure, Rule 5(b) XX E-Service By E-Service through One Legal "SERVICE LIST" Phillip Vermont, Esq. Randick, O'Dea, Tooliatos, Vermont & Sargent 5000 Hopyard Rd., Suite 225 Pleasanton, CA 94588 Email: PVermont randicklaw.com I DECLARE UNDER PENALTY OF PERJU .~ader the la of the State of California that the foregoing is true and correct, and this Declaration as exec ed Ap 13 2021 at Fremont, California. THERESA DkIBERT